Category: Criminal Law

Once a Violence Restraining Order (VRO) is in force, sometimes circumstances between the Applicant and Respondent improve and it is no longer needed. PCLB Criminal Lawyers can give you good advice on how to go about cancelling the order, otherwise you can still be tried for breach of the order if you breach the terms.

To have the VRO cancelled you have to fill in a special form called Form 8 Application and lodge it with the Magistrates Court. The form has a space for you to write down the reasons for the cancellation or the variation so the court will know if there is sufficient reason.

Anyone who has been convicted of a crime in their youth may have mended their ways and not want anyone to know about it. If the offence was over ten years ago, they can apply to have that conviction ‘spent’; that is, wiped from the records. A criminal lawyer will tell you that such convictions have two classifications: lesser convictions and serious convictions. Here is how this is worked out.

The lesser conviction refers to a sentence of less than $15,000 for the fine, or under twelve months for a lesser conviction.

A serious conviction is imprisonment of more than a year in length or over $15,000 for the fine.

To have your conviction ‘spent’ you must apply through the courts. The review of the conviction should only take around 21 days.

A Violence Restraining Order (VRO) is a special court order that can be applied for by a person who fears that their partner or ex-partner will be violent towards them. If you have had a VRO served to you, you are known as the respondent and your ex-partner is known as the Applicant. A good criminal lawyer such as Culshaw Miller Criminal Lawyers will tell you that if you don’t obey the instructions in the VRO you can face gaol time.

If you have been in some way violent to your partner, or have intimidated them in some way, or damaged property belonging to them, then they have the right to apply for a VRO against you. This will be served (given to) on you by the police and is in force from that time, usually for a period of two years or longer.

What happens when you are charged with a traffic offence usually depends on whether you plead guilty or are found guilty by the court. It also depends on how serious the charge is. Not all charges result in gaol time. It is a good idea to consult with criminal lawyers to find out what will happen and whether you will need legal representation at the trial.

For less serious charges you may not have to attend court, but then it is possible that you may be convicted. If you don’t go to court you will have to phone the court registry after the hearing to see what the verdict was. If you get a Notice of the court hearing, that means you don’t have to attend, but can if you want to.

A duty lawyer is employed by Legal Aid, WA, to give advice and to represent people who have been charged with a criminal offence. Their services are restricted to cases appearing in the Magistrates Court. They can advise on a wide range of issues and can help you in many other ways. If you cannot afford to consult with criminal lawyers, the duty lawyer can help you.

However, if the matter is to be heard in the Supreme Court or the District Court, or if it goes before the President of the Children’s Court duty lawyers will not be able to represent you unless you already have a lawyer who asks them to represent you on that day.

Contempt of court is when a person does not behave appropriately in a court setting, or does not attend court when they were summoned to attend. It is an offense that can attract a fine of up to $12,000 or 12 months gaol time – and sometimes both. If you have to appear in court, your legal adviser will advise you how to behave appropriately and then it is up to you to do so.

So exactly what kind of behaviour is considered contempt of court? Here are some examples.